Fed. Circ. Adds a new wrinkle to the battle for tariff authority

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Law360 (July 14, 2021, 6:36 p.m. EDT) – The Federal Circuit eliminated one of the few successful challenges to Trump-era national security tariffs this week, setting the stage for a new battle over whether lawmakers should curb the presidential tariff authority.

The ruling marked the latest turning point in a sprawling legal battle over the scope of Section 232 of the Trade Expansion Act of 1962, which former President Donald Trump used to set tariffs on steel and aluminum in 2018 after considering these imports as a security threat.

Head-on duty challenges have mostly failed, but importers have succeeded in convincing the US Tribunal of International Trade that the …

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